What is a TUPE transfer?
Is there a minimum number of employees that must be affected before a transfer under TUPE can take place?
What constitutes a transfer of an undertaking under the TUPE Regulations 2006?
What is a service provision change under the TUPE Regulations 2006?
In a TUPE situation which employer is the "transferee" and which the "transferor"?
Where only a few employees will transfer to a new employer under TUPE, does the obligation to inform and consult still apply?
Where employees are dismissed as a result of a TUPE transfer, will the dismissals be unfair?
What is an "economic, technical or organisational reason" for dismissal under the TUPE Regulations 2006?
In a TUPE situation is the transferor required to obtain its employees' consent before passing on information about them to the transferee?
In a TUPE situation, is the transferor obliged to give the transferee the personnel files of transferred employees?
What is "employee liability information" under the TUPE Regulations 2006?
Is an employer obliged to consult with employee representatives on a TUPE transfer?
Who has to be informed and consulted on a TUPE transfer?
What is the purpose of any consultations that take place on a TUPE transfer?
The duty to consult in a TUPE situation arises where an employer envisages taking measures in relation to affected employees, but what sort of measures would this cover?
What is the time period over which the employer must consult on a TUPE transfer?
What is the time frame for electing employee representatives for informing and consulting on a TUPE transfer?
How many employee representatives are necessary for informing and consulting on a TUPE transfer?
It is for the employer to decide how many employee representatives should be elected. The number of representatives required will depend on the number of affected employees and the different classes of employees to be represented. For example, if the affected employees are located across a number of sites, it may be appropriate for each site to have separate representation. Where the employees do not fall into distinct groupings with differing interests, it may be appropriate to have representatives who represent the affected employees as a whole.
The employer should ensure that there are enough representatives to represent adequately the interests of all affected employees, while avoiding having so many representatives that the consultation process becomes unwieldy or unnecessarily protracted.
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Can an employer place restrictions on who can stand as a candidate in elections for informing and consulting on a TUPE transfer?
What duties do employee representatives elected for informing and consulting on a TUPE transfer have?